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Petty Theft
Classified as a misdemeanor, petty theft involves the theft of items under a value of five hundred dollars. In general thefts such as shoplifting, stealing supplies, removing small equipment or even taking items from a home in which you have permission to enter are all considered to be petty theft and can result in criminal petty theft punishment. In some situations transporting small items that are under $500 in value without the knowledge of the owner, even if you have previously had permission to use the materials, may be grounds for a charge.
Petty Theft Penalties
Since there are several different types of theft that qualify as petty theft there are actually several different charges that can be imposed. Petty theft charges can range from deferred judgment with a first offense through to more serious charges if it is a repeat offense. For those convicted of petty theft with prior theft or similar convictions the misdemeanor can increase to a felony charge, possibly resulting in jail time. Theft charges vary by state, please refer to the table below.
Possible Penalties
- Jail Time
- Fines
- Community service
- Restitution
Are you looking for help to Drop a Petty Theft charge or Reduce the Sentence? Submit your case for FREE to a Qualified Criminal Attorney in your area.
Petty Theft Sentencing
When determining what a Petty Theft sentence can involve a judge will look at several different factors. The nature of the theft, any circumstances that might mitigate the charges as well as any prior criminal charges can all be taken into consideration. In most cases with first time petty theft charges the judge will provide options for restitution to the victim, possible court ordered counseling as it relates to the offense as well as payment of all court fees and associated fines.
An experienced attorney can help prepare for court as well as work on your behalf to seek the best possible outcome. Lawyers the understand how to present your case and know the legal system are invaluable in ensuring you have the best possible representation in court.
Petty Theft: Fines and Jail by State
These guidelines are based on available data. For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | 150 plus payback | Varies Widely by Case | 3 yrs | Not Available |
| Alaska | penalty equal to the retail value of the merchandise or $1,000, whichever is less; and a penalty of not less than $100 nor more than $200 | Varies Widely by Case | Varies by Case | Not Available |
| Arizona | $500.00 or more | 30 days to 4 months | 5 years | Ban from retailer |
| Arkansas | 150 min plus payback | 0 to overnight | 3 years | banishment from retailer |
| California | $50-$1,000 | 6 months | 1 year informal probation | Not Available |
| Colorado | 250 - 1000 $ | 3 - 12 months | 12 months | Not Available |
| Connecticut | based on the value of the items involved | based on the value of the items involved | based on the value of the items involved | community service |
| Delaware | 500 | 1-2 years | 6 months-1year | community service |
| Florida | 200 plus payback | up to 30 to 60 days | 3 years | C.S. |
| Georgia | up to $1,000 | up to 6months | up to a year deponding on the type of Petty Theft | restitution,additional social and employment consequences,It may be difficult for a person with a theft conviction to find a job or obtain a professional license. |
| Hawaii | up to $1,000 or an amount equal to double the price of the stolen goods. | Varies Widely by Case | Varies by Case | Not Available |
| Idaho | 150 plus payback | 30 to 60 days | 3 yeasr | Not Available |
| Illinois | up to $400 | Up to 6 months for a first offense. Up to 16 months for a second offense | 1 to 3 years | The one to three years probation is listed as "informal probation". I don't know what that means. |
| Indiana | up to $500 | up to 30 days | up to 30 days | Community Service mainly, classes are also common for minors |
| Iowa | 100-340 | weekend program | 2 years with out program | program keeps it off your record |
| Kansas | $100 plus payback | 10 days max | 1 year | Not Available |
| Kentucky | 150 plus payback | 30 days max | 2 years | band from shop |
| Louisiana | first offense of retail value less than $500 | Varies Widely by Case | up to 1 year | community service |
| Maine | 400 max | weekends to 30 days | 2 years | Not Available |
| Maryland | up to $100 | Usually no jail time is given. | Up to a year on probation. | Usually ordered community service and pay restitution. |
| Massachusetts | $250-$800 | up to six months | up to six months | community service |
| Michigan | $50 or value of property | Varies Widely by Case | Varies by Case | Not Available |
| Minnesota | 150 plus payback | Varies Widely by Case | 2 years | Not Available |
| Mississippi | 0-$1,000 | 0-6 mos. | Varies by Case | Regarding those who fail to pay for motor fuel: upon second offense, license will be suspended for 6 mos.; subsequent offenses carry license suspension of 1 yr.; a fee of $25 must be paid before reinstatement of license |
| Missouri | 150 plus payback | weekends | 2 years | Not Available |
| Montana | not to exceed $1,000 | up to six months | Varies by Case | Not Available |
| Nebraska | 1000 | 6 months | no probation | community service |
| Nevada | 150 plus payback | Varies Widely by Case | 2-4 years | Not Available |
| New Hampshire | 150 plus payback | Varies Widely by Case | 2 yrs | Not Available |
| New Jersey | 250-1000 plus payback | 6m-1yr | 1 year | Not Available |
| New Mexico | up to $500 | up to 6 months | up to 1 year | Judge can order restitution and/or community service. |
| New York | $100-$2,000 | 0-1year | 0-2 years | Community service possible for minors. |
| North Carolina | 150 min plus payback | 30-60 days | 1 year | Not Available |
| North Dakota | $50-$1000 | 30 days to 6 months | 3 Years | Not Available |
| Ohio | upto $1000 | upto 12 months | Varies by Case | Community service |
| Oklahoma | $10.00 - $500 | up to 6 months jailtime | Varies by Case | Not Available |
| Oregon | 150 plus payback | min 2 weekends | 1 year | Not Available |
| Pennsylvania | 150 plus payback | 30 to 60 days | 2 years | C.S. |
| Rhode Island | 5000 | 5 years | 1/3 of jail time | Not Available |
| South Carolina | $300 to $500 | 30 days | Varies by Case | misdemeanor |
| South Dakota | 150 plus payback | 2 weeks | 1 year | Not Available |
| Tennessee | maximum fine up to $2,500.00. | maximum penalty of eleven months and twenty-nine days | no standard probation but may be substituted for jailtime in first offense | some courts may require taking and paying for an online shoiplifting class |
| Texas | $23 to $71 per inmate | five months and 14 days | Varies by Case | $50 - $500 |
| Utah | $400 or | up to 6 months of jail time | no more then 5 years | Not Available |
| Vermont | 100 | penalty assessment up to judge | 4 years | CS |
| Virginia | up to $1,000.00 | Upto 6 months. | Varies by Case | Community service |
| Washington | 0-$5,000 | 0-365 days | 0-365 days (replacing jail time) | Not Available |
| West Virginia | up to 2500 dollars but that is rare | no jail time unless there are aggravating circumstances | A diversion or deferred judgment program will have the charges dropped under the stipulation that you do not commit another crime in the course of your determined probation period | Varies Greatly |
| Wisconsin | 150 plus payback first offense | Varies Widely by Case | 3 years | Not Available |
| Wyoming | 400 | Varies Widely by Case | 1 to 3 years | minor penalty, |
Hiring An Attorney For Petty Theft Charges
Without an attorney there is a much greater chance that you will receive the maximum sentence on a petty theft charge, especially if you have prior criminal convictions. Even with first offenses an attorney can make the difference between a minimum sentence or deferred judgment and further sanctions being imposed by the court. Hiring an experienced criminal defense attorney with experience in defending petty theft convictions will definitely be money well invested in your future.
- If you have been charged with a Misdemeanor, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.